Legal Protections Against Termination During Maternity Leave in the Philippines

What can an employee do if they are terminated during their maternity leave despite submitting the required documents?

In the Philippines, employees are protected under various labor laws that ensure their rights, especially during critical periods such as maternity leave. Termination during maternity leave is generally considered illegal and can be contested through legal means.

Maternity Leave Entitlements

Under the Expanded Maternity Leave Law (Republic Act No. 11210), female employees in both the private and public sectors are entitled to 105 days of paid maternity leave. This can be extended by 15 days if the employee is a solo parent. The law covers all pregnancies, including miscarriages and stillbirths.

Legal Grounds for Protection

1. Non-Discrimination: The Labor Code of the Philippines prohibits discrimination against women, including during pregnancy and maternity leave. Termination on the grounds of pregnancy or while on maternity leave is considered discriminatory and illegal.

2. Job Security: The Expanded Maternity Leave Law ensures that the employment status of a woman on maternity leave is secure. Employers are required to reinstate the employee to her previous position or a similar one with the same pay and benefits upon her return.

Steps to Take if Terminated During Maternity Leave

1. Gather Documentation: Collect all relevant documents, such as your employment contract, maternity leave application and approval, termination notice, and any correspondence with HR and your team leader.

2. Seek Clarification from HR: Contact your HR department to seek clarification and understand the reasons for your termination. Request a formal explanation in writing.

3. File a Complaint with DOLE: If the termination appears unjust, file a complaint with the Department of Labor and Employment (DOLE). DOLE can investigate and mediate between you and your employer.

   • Visit the DOLE Office: Go to the nearest DOLE office with your documentation.
   • Submit a Complaint: Fill out the necessary forms to submit your complaint.
   • Attend Mediation: DOLE will schedule mediation sessions to resolve the issue.

4. Consult a Labor Lawyer: If DOLE mediation does not resolve the issue, consider consulting a labor lawyer. Legal counsel can provide advice on further actions, such as filing a case for illegal dismissal.

5. File a Case for Illegal Dismissal: If necessary, you can file a case for illegal dismissal with the National Labor Relations Commission (NLRC). This involves legal proceedings where you can seek reinstatement and compensation for damages.

Legal Aid and Assistance

• Public Attorney’s Office (PAO): The PAO provides free legal assistance to indigent clients. If you cannot afford a private lawyer, you may seek help from PAO.
• Non-Governmental Organizations (NGOs): Various NGOs offer legal assistance and support for women’s rights and labor issues.

Conclusion

Termination during maternity leave is a serious violation of an employee's rights in the Philippines. By understanding your legal protections and following the appropriate steps, you can challenge an unjust termination and seek the reinstatement and compensation you are entitled to under the law.